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A Marriage of Convienience?
The situation involves a married
couple who are in the process of applying
for a green card for the foreign born
spouse in the state of FL. The couple
has been married for 3 years, and
they have an interview date TENTATIVELY
slated for the beginning of next year.
If the green card is granted, it would
not be a "conditional" one
b/c they have been married for more
than 2 years at the time of the interview...so,
really my first question is how long
should the foreign born spouse wait
before divorcing the current US spouse
and possibly remarrying (in the US)
to ensure that he keeps his PR and
immigration doesn't see any "red
flags" regarding the first marriage?
Well, if you get a "non-conditional"
green card, they won't know or care
if you get divorced after that. So
the short answer is, it's generally
OK to divorce after you get your ten-year
green card. However, to get there
you would first have to attend the
interview, and you would need to tell
the truth about your marriage at the
interview.
So whether you get a green card at
all, is a question. If it were me,
I would bring my attorney with me
to the interview.
Whatever the original reasons where
for getting married, it has turned
into a marriage of convenience. If
there is no intention of continuing
with the marriage then there is fraud
taking place
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